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Without commenting on the impending case in court. It's an old piece of legislation that is used to fall back on if nothing else fits any better. If the collision took place in a park or on a shared walkway then it would be used in preference to a road traffic law. It would best suit offences relating to horse drawn carriages charging through towns like in the wild west films with flocks of chickens being scattered etc.
Also in addition to where the collision occurred; if specific warnings relating to impending consideration of prosecution weren't given to the cyclist at or within a certain time then this old legislation is the fall-back position.
Can this be raised? Whom would it need to be taken to? Some kind of online vote thingy, like the ones I get where a certain number of signatures and it has to be discussed in parliament?